특정범죄가중처벌등에관한법률위반(절도)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The judgment of the court below that the defendant does not have habituality of larceny is erroneous in misunderstanding of facts or misunderstanding of legal principles.
2. The court below found the following facts based on evidence duly adopted and examined: ① the defendant was subject to juvenile protective disposition by special larceny, etc. from Busan District Prosecutors' Office on October 15, 2004; on June 23, 2005, received juvenile protective disposition by special larceny, etc. from Busan District Court on April 24, 2006; on May 7, 2007, received juvenile protective disposition by using night-time structure intrusion theft, etc.; on October 13, 2006, the defendant was sentenced to imprisonment with prison labor for 6 months from the Incheon District Court's clothes; on August 26, 2008, the defendant was sentenced to imprisonment with prison labor for 10 months from the victim's clothes; on August 26, 2008, the defendant was sentenced to imprisonment with prison labor for 14 years and 2 months from the Busan District Court's escape; on March 20, 2009, he was sentenced to imprisonment with prison labor for the above crime of larceny.